HB 4001

84(R) - 2015
House Human Services
House Human Services
Health & Human Services

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral


Richard Raymond

Bill Caption

Relating to the provision of habilitation and certain health care services by a home and community support services agency; authorizing a fee, providing penalties, and requiring an occupational license.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

No fiscal implication to units of local government is anticipated.

Bill Analysis

5/19/15 Update:
This bill is substantively the same as when we reported on it in its original chamber. We continue to remain neutral on HB 4001. The second chamber sponsor is Senator Schwertner.

Original chamber analysis below:

Home and community support services agencies are currently authorized to provide home health, hospice, or personal assistance services to a client under Chapter 142 of the Health and Safety Code.

This legislation would add habilitation to the list of services provided by a home and community support services agency. The bill would add person-centered service delivery to the list of quality care components under Section 142.0011.

Except as provided by the 20 licensing requirement exemptions listed in Section 142.003, the bill would require a person to obtain a home and community support services agency license in order to provide habilitation services. The bill would exempt a person who provides home health, hospice, habilitation, or personal assistance services, only to persons receiving benefits under the home and community-based services (HCS) waiver program, the Texas home living (TxHmL) waiver program, and the STAR + PLUS or other Medicaid managed care program under the program’s HCS or TxHmL certification, from the licensing requirement.  

A person seeking to engage in the business of providing habilitation services would be subject to all current licensing standards, including licensing fees. The bill would mandate the inclusion of dialysis and habilitation services to be among the types of services that must be designated on the license of a home and community support services agency authorized to provide those services at or from the designated place of business.

The bill would require the Department of Aging and Rehabilitative Services (DADS) to provide training to surveyors that includes information relating to the provision of person-centered services. The bill would require DADS to maintain consumer complaint data pertaining to habilitation services. DADS would require each person or home and community support services agency providing habilitation services to implement and enforce the applicable provisions of the rights of the elderly as specified in Chapter 102 of the Human Resources Code.

Vote Recommendation Notes

HB 4001, for the most part, repeats the definition of "habilitation" into the proper portion of state code. This is primarily a technical bill to clean up code and provide consistency. This does not create new occupational licensing or increase the size and cost of government. There does not appear to be a liberty principle connection for us to base a vote recommendation on, therefore we are neutral.